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NECHODOMU v. LINDSTROM

269 Wis. 455 (1955)

NECHODOMU, by Guardian ad litem, and another, Plaintiffs and Respondents, vs. LINDSTROM and others, Defendants: LAMBERT and another, Defendants and Appellants.

Supreme Court of Wisconsin.

April 5, 1955.

Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by Dudley O. Emmert of Manitowoc.

For the respondents there was a brief by Frank A. Murphy, attorney, and Murphy & Brady of counsel, all of Manitowoc, and oral argument by Frank A. Murphy.

MARTIN, J.

Plaintiffs attempt to recover on the theory of attractive nuisance. The injured minor was nine years old at the time of the accident.

Angelier v. Red Star Yeast & Products Co. (1934), 215 Wis. 47, 53, 254 N. W. 351, enunciated the rule which applies five tests to the allegations of a complaint in these cases. It held that such a complaint as against the owner of the premises must allege:

(1) ". . . that the former maintained,...

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